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The range of confiscation is considerably enlarged following the amended provisions in Criminal Code which took effect on the 1st July 2016. In line with the amendment, Taiwan High Prosecutors Office has established a platform to trace back proceeds of crime from cross- border telecommunication fraud activities, in the hope of helping curb the crimes. The Department of International and Cross-Strait Legal Affairs is ready to facilitate requesting countries/jurisdictions in terms of freezing, seizing, and transferring of the illicit gains, with a view to compensating the loss of the victims, in accordance with applicable laws and other legal instruments.
In this regard, the Minister of Justice is working as Taiwan’s Central Authority for MLA in criminal matters. The major applicable law covering international judicial coorperation is the Mutual Legal Assistance in Criminal Matters Act which provides the following types of assistance:
- Obtaining evidence.
- Service of document.
- Immobilization of assets.
- Implementation of final and irrevocable judgment or order for confiscation of assets or collection of proceeds value relating to a criminal offense.
- Restitution of proceeds of crime.
- Other types of assistance not contradictory to the law of ROC (Taiwan).
The requests seeking the assistances will be implemented in pursuant to the laws of ROC (Taiwan), especailly the Code of Criminal Procedure. Foreign authorities are encouraged to use the template request forms which are formulated in accordance with the legal requirements under Taiwan law.